Wednesday, November 16, 2016

The following originally appeared in AllNovaScotia.com on Monday, November 14th. It appeared in response to an article which reported the government had not moved on many of the commitments made when the bill on hydraulic fracking was introduced.

It’s unacceptable
that after almost two years the provincial government has yet to publish their
definition for high volume hydraulic fracturing for public for comment. Worse
still, is the fact the definition gone from coming soon, to having no date in
sight. It reflects a disrespect for industry, environmentalists, and all those
who participated in discussions on this issue.

When I as the
Energy Minister of the day brought forward legislation concerning hydraulic
fracturing, early draft definitions were already on the table. Department staff
confirmed at the press briefing the final regulations, on not only the
definition, but what would constitute research activities in the bill, would be
ready within two months for public comment. This was a critical commitment to
the legislation moving forward. At the time, I presented to the legislature
definitions of high volume hydraulic fracturing from other jurisdictions which
staff had sourced, showing possibilities, and demonstrating that similar
wording found in the government bill was already in use elsewhere.

Freedom of
Information requests show the current Energy Minister was also presented with
definitions and options. This information, in full, together with any briefings
and notes, should be released to the public now given the unacceptable delays.

There was
significant speculation at the time about the reasons for the bill. There were
different views (even from review panelists) about whether the legislation respected
the guidance of the review led by Dr. Wheeler. The decision was not based on
personal opinions of me or staff, but rather was a considered decision premised
on three points, in addition to legal advice provided to the department. Those
points were: respecting the party’s election commitment regarding fracking,
recognizing the position of municipalities that they opposed fracking in the
province as represented to the department by the Union of Nova Scotia
Municipalities, and most important, recognizing that requirements around
consultation and consent or accommodation had not been met with the province’s
First Nations. Speaking to many energy companies at the time, it was also clear
there was little short or medium term interest in onshore development in Nova
Scotia, outside of coal bed methane which remained unaffected by the bill.

Part of the
promise of the bill was to get the onshore atlas completed quickly so it could
be determined whether commercial opportunities even exist onshore in Nova
Scotia. This was critical given the history of dry wells in Nova Scotia’s
onshore, and the fact we could be faced with a debate over something which
wouldn’t happen anyhow. Now it appears little work has been done on this effort.
As well, engagement with municipalities and First Nations about onshore
development (and all energy opportunities) was to get underway. The bill would
have allowed these discussions to happen knowing nothing would be forced upon
anyone given the need to amend or repeal legislation to move forward with a
project. These tasks also appear not to have happened.

The failure
to address any of the promises of the legislation is a failure of governing. It
undermines confidence in the ability of government to manage energy and
environmental projects, as well as to live up to commitments made to
stakeholders.